MILITARY JUSTICE SYSTEM

SCOPE OF PRESENTATION
PART 1

• INTRODUCTION TO MILITARY JUSTICE SYSTEM AND ITS

COMPONENTS

• SOURCES OF MILITARY LAW

• MILITARY JURISDICTION
• PERSONS SUBJECT TO MILITARY LAW
• SELECTED PUNITIVE ARTICLES OF WAR AND
RELATIONSHIP BETWEEN CIVIL-MILITARY COURTS
 SCOPE OF PRESENTATION
PART 2

• GENERAL COURT MARTIAL

• SPECIAL COURT MARTIAL
• SUMMARY COURTS MARTIAL
• CAPTAIN’S MAST

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 INTRODUCTION
The military justice system is meant to enable
commanders to dispose of personnel problems in
their units in the most expeditious manner.

Speedy disposition of cases preserves discipline,

promotes justice and enhances the attainment of
Commander’s vision.
 WHAT IS MILITARY JUSTICE
SYSTEM?

•In concept, the military justice system is

designed to enforce discipline and administer
justice in the military service
COMPONENTS OF THE MILITARY
JUSTICE SYSTEM

1. INVESTIGATION

2. PROSECUTION

3. TRIAL or ADJUDICATION

4. JUDGMENT or DECISION
.
 INVESTIGATION
It is the process of searching inquiry in
order to ascertain facts from people and
things.

Its purpose is to establish the truth

respecting a matter of fact over which a
recommendation shall be made.
 THE SIX (6) CARDINAL POINTS OF
INVESTIGATION
5 Ws AND 1 H
WHO - WHO COMMITTED THE OFFENSE?
- WHO IS THE COMPLAINANT?

WHAT - WHAT HAPPENED?

- WHAT SPECIFIC OFFENSE HAS BEEN COMMITTED?

WHEN - WHEN WAS THE OFFENSE COMMITTED / DISCOVERED?

WHERE - WHERE WAS THE OFFENSE COMMITTED / DISCOVERED?

WHY - WHY DID HE/SHE COMMIT THE OFFENSE?

HOW - HOW THE OFFENSE WAS COMMITTED?

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 PROSECUTION
The accusation of a crime before a legal
tribunal.
TRIAL or ADJUDICATION

A legal action before a judge and jury.

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 JUDGMENT or DECISION
Punishment given to the accused who
committed a crime or an offense.

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THE 4 COMPONENTS PERMEAT
TWO DISTINCT DIVISION OF THE
SYSTEM
1. INVESTIGATION
2. PROSECUTION
3. TRIAL or ADJUDICATION
4. JUDGMENT or DECISION
______________________

ADMINISTRATIVE CASES
PUNITIVE CASES
.
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a. Administrative Cases - are those result in decisions not
involving penal sanctions and may take such mild
disciplinary or instructive forms as admonition,
reprimand and the like.

Substantial evidence - amount of relevant

evidence which a reasonable mind might accept to
justify a conclusion.

Probable Cause/Prima Facie Evidence- findings

of facts or evidences to place a person for trial and an
evidence needed to defeat the presumption of
innocence in order to get a conviction.

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b. Punitive Cases - are those that result in judgment of
fine, hard labor, deprivation of liberty or combination of
these whenever the guilt of those involved are proven.

Proof beyond reasonable doubt - is a degree of

proof that produces conviction in an unprejudiced mind.
b. .

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 SOURCES OF MILITARY LAW

• ARTICLES OF WAR

This set of laws, known as Commonwealth Act No. 408

and was enacted by the Philippine National Assembly on 14
September 1938.

It defines the offenses punishable under the law and

prescribes the corresponding punishments or penalties.

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 MILITARY JURISDICTION
SOURCES

• 1987 Constitution of the Republic of the Philippines

- some specific provisions of the Constitution granting

some powers to the Congress

- Article 6, Section 23 (2) In times of war or other

national emergency, the Congress may, by law,
authorize the President, for a limited period and subject
to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a
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 declared national policy. Unless sooner withdrawn by
resolution of Congress, such powers shall cease upon
the next adjournment thereof.

- and in the authority vested in the President of the

Republic of the Philippines as the Commander-in-Chief

- Article 7 Section 18. The President shall be the

Commander-in-Chief of all armed forces of the Philippines
xxxxxx.

- other salient provisions embodied in the constitution.

- Article 16 Section 5 (1 to 7)
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 MILITARY JURISDICTION
HOW IT IS EXERCISED AND WHAT ARE THE
AGENCIES THROUGH WHICH IT IS BEING CARRIED
OUT?
1.COURTS-MARTIAL
• General
• Special
• Summary
2.COMMANDING OFFICERS IN EXERCISING THEIR
DISCIPLINARY POWERS UNDER AW 105
3. COURT OF INQUIRY
4. MILITARY TRIBUNALS OR COMMISSION
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 PERSONS SUBJECT TO
MILITARY LAW
1.All officers and enlisted personnel in the regular force of the
AFP.

2.All reservists from the date of their call to active duty and
while on such active duty

3.All trainees undergoing military instructions

4 All cadets of the PMA and PAF Flying School and

Probationary Lieutenants on actual training

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 PERSONS SUBJECT TO
MILITARY LAW
5. Retainers to camp and all persons accompanying or
serving with the AFP in the field in time of war or when
martial law is declared

6. All persons under sentence adjudged by a court-martial

or military tribunal.

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 PERSONS NOT SUBJECT TO
MILITARY LAW
STUDENTS UNDERGOING CITIZEN’S ARMY TRAINING
AND RESERVE OFFICERS TRAINING CORPS (ROTC)
MIDSHIPMEN

Reason: They are NOT considered as “CADET” as

defined by the Articles of War

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SELECTED PUNITIVE ARTICLES OF
WAR & RELATIONSHIP BETWEEN
CIVIL-MILITARY COURTS

From the historical records, the Articles of War

were promulgated on 14 September 1938 when
the unicameral Philippine National Assembly
enacted Commonwealth Act No. 408 which
became the basic law that gave the guidance and
operations of then known as the Army of the
Philippines and now known as the AFP.

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 Then as now, there are 120 Articles, most of
which were lifted from the United States Uniform
Code of Military Justice, It is for reason that our
Articles of War had the same substance of the
American Military Code of 1928 which was found
applicable to the Philippine conditions.

Of the 120 Articles of War, 52 are considered

PUNITIVE, they are from AW 54 to 105. Punitive,
for reason that they specify what punishment is to
be imposed for each military offense.

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There are two (2) broad categories of crimes or offenses
that are similarly within the contemplation of the Revised
Penal Code of the Philippines, two (2) offenses that are
classified as purely military.
Articles of War
Articles of War 67 – Mutiny or Sedition
Articles of War 83 – Spies
Revised Penal Code of the Philippines
Crimes Against National Security and the Law of Nations

Article 114 - Treason

Article 117 - Espionage

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 PUNITIVE ARTICLES
1.Article 54 - Fraudulent Enlistment
2.Article 55 - Officer Making Unlawful Enlistment
3.Article 56 - False Muster
4.Article 57 - False Returns or Omission to Render
Returns
5.Article 58 - Acts to Constitute Desertion
6.Article 59 - Punishment for Desertion
7.Article 60 - Advising or Aiding Another to Desert
8.Article 61 - Entertaining a Deserter
9.Article 62 - Absence Without Leave
10.Article 63 - Disrespect Toward the President, Vice
President, Prime Minister, Chairman of the
National Assembly or Minister of Defense
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 PUNITIVE ARTICLES
11. Article 64 - Disrespect Toward Superior Officer
12.Article 65 - Assaulting or Willfully Disobeying Superior
Officer
13.Article 66 - Insubordinate Conduct Toward
Non-Commissioned Officer
14.Article 67 - Mutiny or Sedition
15.Article 68 - Failure to Suppress Mutiny or Sedition
16.Article 69 - Quarrels, Frays and Disorders
17.Article 70 - Arrest or Confinement
18.Article 71 - Charges, Action Upon
19.Article 72 - Refusal to Receive and Keep Prisoners
20.Article 73 - Report of Prisoners Received
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 PUNITIVE ARTICLES
21.Article 74 - Releasing of Prisoners without Proper
Authority
22.Article 75 - Delivery of Offenders to Civil Authorities
23.Article 76 - Misbehavior Before the Enemy
24.Article 77 - Subordinate Compelling Commander to
Surrender
25. Article 78 - Improper Use of Countersign
26. Article 79 - Forcing A Safeguard
27. Article 80 - Captured Property to be Secured for Public
Service
28. Article 81 - Dealing in Captured or Abandoned Property

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 PUNITIVE ARTICLES
29.Article 82 - Relieving, Corresponding with or Aiding the
Enemy
30.Article 83 - Spies
31. Article 84 - Military Property, Willful or Negligent Loss
32. Article 85 - Waste or Unlawful Disposition of Military
Property Issued to Soldiers
33. Article 86 - Drunk on Duty
34. Article 87 - Misbehavior of Sentinel
35. Article 88 - Personal Interest in Sale of Provisions
36. Article 88-A - Unlawfully Influencing Action of Court
37. Article 89 - Intimidating of Persons Bringing Provisions
38. Article 90 - Good Order to be Maintained and Wrong
Redressed
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 COMMON OFFENSES
• AWOL and Desertion (AW 62 and AW 59)

• AW 54 Fraudulent Enlistment

• AW 64 & AW 66 Insubordinate conduct

• AW 84 & AW 85 Unlawful disposition of Government

properties

• AW 87 Misbehaviour of Sentinel
cont…

• AW 96 (Conduct Unbecoming of an Officer and a

Gentleman)
1. Frauds against the Government
2. Pilferage
3. Dishonesty

• AW 97 (Conduct Prejudicial to Good Order and Military

Discipline/Conduct of a Nature to Bring Discredit Upon
the Military Service)
1. Failure/Late reenlistment
2. Use of Prohibited Drugs
3. Sexual Harassment
4. Maltreatment/Manhandling
5. Other similar cases
OPEN FORUM

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